JASIBEN VINUBHAI PARMAR Vs. CHAUHAN CHIMANBHAI CHATURBHAI

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act ) filed at the instance of the appellants - original claimants against the judgment and award dtd. 31/3/2016 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Kheda at Nadiad (Tribunal) in Motor Accident Claim Petition No. 1699 of 2010 (claim petition), which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs. 10.00 lakh for the fatal accident that had occurred on 24/8/2010, the Tribunal has awarded a sum of Rs. 5,94,900.00 with interest at the rate of 8.5% per annum from the date of claim petition till realization after deducting 10% amount towards negligence of the deceased, holding liable the opponent Nos. 1 and 2 to pay the compensation to the appellants - original claimants and exonerating the opponent Nos. 3 and 4 therein. Hence, grieved claimants have filed this appeal on the point of quantum.

(2.) Since, the facts of the accidents are not in dispute, the same are not detailed here.

(3.) Though served, the respondent Nos. 1, 3 and 4 have put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Vaibhav N. Sheth for the appellants - original claimants and learned advocate Mr. Shaival Patel for learned advocate Mr. Tanmay B. Karia for the respondent No. 2 - insurance company.